Federalism in India - Features of Indian Constitution | UPSC Indian Polity Notes

The Two Types of Federal Systems

In a federal system, there are two centers of power, each with its own autonomy in their respective spheres. This system contrasts with a unitary system where sovereignty is constitutionally divided between two territorial levels, allowing each to act independently in certain areas.

The federal system can be broadly classified into two categories:

1. Consolidating Federation – In this type of federation, powers are divided among various constituent parts to accommodate the diversity within the whole entity. Here, the central authority generally holds more power. Examples include India, Spain, and Belgium.
2. Confederating Federation – In this type, independent states come together to form a larger entity. In this case, states enjoy more autonomy compared to the consolidating type of federation. Examples include the USA, Australia, and Switzerland.

Refer to the comparison between the Indian and the US government for more insights.

While studying the topic of 'Federalism in India,' it is also recommended to read the following topics related to the Indian Polity syllabus:

Characteristics of the Indian Federal System

1. Dual government structure
2. Distribution of powers among different levels
3. Rigidity of the constitution
4. An independent judiciary
5. Dual citizenship
6. Bicameral legislature

Not all federations may exhibit all of the above features. Some may adopt them based on the type of federation in place.

Exploring Federalism in India

India adheres to a federal system, although it leans more towards a unitary system of government. It is often referred to as a quasi-federal system as it embodies features of both federal and unitary systems. Article 1 of the Indian Constitution states, 'India, that is Bharat, shall be a union of states'. Interestingly, the term 'federation' is not explicitly mentioned in the constitution.

The concept of federalism was introduced to modern India through the Government of India Act of 1919, which delineated powers between the central and provincial legislatures.

To understand the debates around Federalism, refer to the Constituent Assembly debates on Federalism.

Key Federal Features of the Indian Union

• Two-tier government structure – at the centre and states
• Division of powers between the centre and states. The Seventh Schedule of the Constitution lists the subjects under the jurisdiction of each level:
  • Union List
  • State List
  • Concurrent List
• Supremacy of the constitution – the judiciary has established that the basic structure of the constitution is unalterable. The constitution is the supreme law in India.
• Independent judiciary – the constitution provides for an independent and integrated judiciary system, with the Supreme Court of India at the apex, followed by state-level high courts and lower courts at the district level. All courts are subordinate to the Supreme Court.

For a detailed discussion on the challenges to the Federal Structure, refer to RSTV’s Big Picture’s discussion on challenges to the Federal Structure.

Unitary Features of the Indian Union

• Flexibility of the constitution – The constitution is a blend of flexibility and rigidity. While certain provisions can be easily amended, those that seek to alter aspects of federalism in India require a more rigorous process. (Refer to types of majorities in India Parliament for more details on the process of introducing amendments.)
• Greater powers vested with the Centre – The constitution grants more powers to the Union List. On subjects in the Concurrent List, the parliament can enact laws that can override the laws made by a state legislature. The parliament can also legislate on certain subjects in the State List.
• Unequal representation of states in the Rajya Sabha – Representation of states in the upper house is based on their populations. For instance, Uttar Pradesh has 31 seats, while Goa has only 1 in the Rajya Sabha. Ideally, in a federal system, all states should have equal representation.
• The executive is part of the legislature – In India, the executive at both the centre and the states is part of the legislature. This contradicts the principle of division of powers between different organs of the government.
• Lok Sabha is more powerful than the Rajya Sabha – The Lok Sabha holds more power than the upper house, and unequal powers between the two houses go against the principle of federalism.
• Emergency powers – The centre is endowed with emergency powers. During an emergency, the centre gains increased control over states, undermining their autonomy. (Read about President’s rule – Article 356 for more details.)
• Integrated judiciary – India has an integrated judiciary. There is no separate judiciary at the centre and state levels. (Learn more about the Indian Judiciary here.)
• Single citizenship – India provides only single citizenship to its citizens. They cannot hold citizenship of a state as well. This fosters a sense of nationality, forging unity amidst regional and cultural differences, and also enhances fundamental rights such as the freedom of movement and residence anywhere in the country.
• Appointment of the Governor – The governor of a state acts as the representative of the centre in the state. The governor is not appointed by the state government, but by the centre.
• Formation of new states – The parliament has the authority to alter the territory of a state by increasing or reducing its area or changing its name.
• All India Services – Through All India Services such as the IAS, IPS, etc., the centre interferes in the executive powers of the states. These services also provide uniform administration across the nation.
• Integrated election machinery – The Election Commission of India is responsible for conducting free and fair elections at both the centre and state levels in India. The members of the EC are appointed by the president.
• Veto over state bills – The governor of a state can reserve certain bills for the president’s consideration. The president has absolute veto power over these bills. He can even reject the bill after it has been reconsidered by the state legislature. This provision deviates from the principles of federalism. (Read more about veto power here.)
• Integrated audit machinery – The president appoints the CAG who audits accounts of both the centre and the states.
• Power to remove key officials – The state government or state legislature does not have the power to remove certain key government officials even at the state level such as the state election commissioner, judges of the high courts, or the chairman of the state public service commissions.

Federalism is a vital principle, and understanding federalism in India is particularly important for the UPSC exam. It forms part of the polity and governance section in general studies paper II of the UPSC Syllabus 2023.

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